Subject:Ordinance
vacatingan undeveloped portion of an
access/utility easement (.104
of an acre)
of Lots 5 and 6 Country
Club Gateway Subdivision Plat

Staff Recommendation:

The Planning staff and Planning
Commission recommend approval of the request for vacating a portion of Lots 5 and 6 Country Club Gateway
Subdivision Plat. The area to be vacated is currently an unused access/utility
easement which is no longer needed.The
impacted areas are situated totally within the boundaries of the property that
is currently owned by the applicants.The applicant wishes to use the vacated property for parking.

Analysis:

The vacation of the easement is requested by property owner DRJ Land
Company (Jenkins Volkswagen). This property is generally located on the east side of Stewart Lane, north side of
U.S. Highway 441 and on the south side of Silver Lake Drive.There are no utilities within the easement area and
none are required for the development of the dealership in this area.

By
a vote of 6 to 0, the Planning Commission on April 19, 2012 recommended
approval.

Options:

1.Approve
the request to vacate the access/utility easement for Lots 5 and 6 Country Club Gateway
Subdivision Plat.

2.Other action the Commission may deem
appropriate.

Fiscal Impact:

No fiscal impact is anticipated as a result of the vacation of this right-of-way.

Submission Date and Time:5/10/12 2:57 PM____

Department: Community Development

Prepared by:Bill Wiley, AICP _

Attachments:Yes__X__No
______

Advertised:____Not
Required ______

Dates:__________________________

Attorney Review :Yes_X__No ____

_________________________________

Revised 6/10/04

Reviewed by: Dept. Head ___Yes___

FinanceDept. ______________

Deputy C.M. _______________

Submitted by:

City Manager ___________________

Account No. _________________

Project No. ___________________

WF No. ______________________

Budget______________________

Available _____________________

ORDINANCE NO. _______

AN
ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, VACATING A PORTION OF THAT EASEMENT ORIGINALLY DESCRIBED IN O.R. BOOK 3093, PAGE 0770, PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA, AND KNOWN AS A PORTION OF LOTS 5 AND 6
COUNTRY CLUB GATEWAY SUBDIVISION PLAT EASEMENT (.104 ACRES +/-), SAID PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF STEWART LANE,
NORTH SIDE OF U.S. HIGHWAY 441 AND ON THE SOUTH SIDE OF SILVER LAKE DRIVE,
LYING IN SECTION 15, TOWNSHIP 19 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA;
AND PROVIDING FOR AN EFFECTIVE DATE. (Jenkins Volkswagen)

BE IT
ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

Section
1.

The City
Commission of the City of Leesburg, Florida, finding that a portion of Lots 5 and 6 Country Club Gateway
Subdivision Plat
easement (.104+/- acre) in Lake County, Florida, is not needed for public
purposes, therefore the portion of said easement, legally described below is
hereby vacated and relinquished, except as reserved hereinafter:

Section
2.

The
provisions of Section 1
notwithstanding, this Ordinance shall not be construed to release, and the City Commission hereby
reserves, any and
all existing recorded easements for utilities in favor of the City
of Leesburg in and to any portion of the property located in the vacated right of way.

Section 3.

This ordinance
shall become effective upon its passage and adoption accordingto law.

PASSED AND ADOPTED at the
regular meeting of the City Commission of the City of Leesburg, Florida, held
on the ______ day of ______________, 2012.